Family of Unarmed Black Man, Beaten & Shot in the Back by Police, Sues for Justice

WICHITA, KS, 8/9/2018 – The family of 24-year-old Matthew Holmes, beaten and shot to death last August by a county sheriff’s deputy, and then beaten further while he lay dying, sued the McPherson and Harvey County, Kansas Sheriff’s Departments, City of Newton, and several officers in federal court today.

The family and their attorneys will hold a 2 pm press conference today in front of the United States Courthouse, 401 N. Market Street, Wichita, Kansas.

As the suit notes,

“Although Mr. Holmes had fled from the police, immediately before the shooting, he exited his car slowly with his hands up. Despite clear signs of surrender, Defendant [Anthony] Hawpe attacked him, including using a police dog as a weapon. Defendant Hawpe then jumped on top of Mr. Holmes. As Defendant Hawpe physically attacked Mr. Holmes, Defendant [Chris] Somers shot Mr. Holmes in the back. Almost simultaneously, an unknown Harvey County Sheriff’s deputy hit Mr. Holmes in the head with the butt of a shotgun. Defendants’ beating of Mr. Holmes did not stop even after Defendant Somers fatally shot him. Defendant Hawpe continued to punch Mr. Holmes’ face and head, and Defendant [Skyler] Hinton struck Mr. Holmes repeatedly with a club as Mr. Holmes lay dying….”

Not only did the officers not render Mr. Holmes any aid while he lingered before dying, but they can be heard laughing on video tape while doing nothing to help. To make matters worse they attempted to cover-up their wrongdoing by turning off their bodycams, perhaps a violation of their departments’ policy. Police film of the attack shows that Officer Somers lied when he falsely claimed that Holmes was reaching for a weapon.

Nonetheless, none of the officers were disciplined, let alone criminally charged, for their actions and inactions. The suit not only notes that the Newton Police Department has been accused several times before of using excessive force, citing five previous suits, but that people of color are disproportionately the victims of these assaults. Moreover, some of the officers personally knew Mr. Holmes and knew that he suffered from schizophrenia, but took no actions to deescalate the conflict.

Mr. Holmes is survived by his mother, Wendy Couser. As executor of Mr. Holmes’ estate, Ms. Couser is represented by Mark Loevy-Reyes, Joshua Loevy, Arthur Loevy and Jon Loevy of the Chicago-based law firm, Loevy & Loevy Attorneys at Law. Loevy & Loevy has won more multi-million-dollar jury verdicts than any other civil rights law firm in the country. A copy of the suit, Estate of Matthew Holmes, by and through administrator, Wendy Couser, as administrator and individually, vs. Chris Somers, Anthony Hawpe, Jason Achilles, Skyler Hinton, Jerry Montagne, et al., No. 6:18-cv-01221, is available here.

Your email address will not be published. Required fields are marked *

Let us know what you have to say:

*Name

*Email Address

How Can We Help?

Whether you are ready to take action or still considering your options, call us today. Our consultations are free and completely confidential. Call 888-644-6459 (toll free) or 312-243-5900, or fill out our contact form and we will contact you.

Careers:

Other Projects:

Subscribe to our Blog

Stay up to date and receieve news and articles directly to your email.

Email *

Firm Philosophy

We built our firm on a strong foundation that relies on using our extensive experience and resources to achieve justice for our clients at trial. We only take a case if it fits with our desire to right wrongs for the victims of injustice. Our firm applies our philosophy to cases in a variety of practice areas, including civil rights cases suits, whistleblower claims, personal injury and commercial litigation.

Boulder, CO

Boston, MA

Personal Information

Contact Preferences

How would you like to be contacted? (Check all that apply.)

EmailPhone

How Can We Help You?

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.